Venezuela has the largest proven oil reserves in the world. It was once so rich that Concorde used to fly from Caracas to Paris. But in the last three years its economy has collapsed. Hunger has gripped the nation for years. Now, it’s killing people and animals that are dying of starvation. The Venezuelan government knows, but won’t admit it!!! Four in five Venezuelans live in poverty. People queue for hours to buy food. Much of the time they go without. People are also dying from a lack of medicines. Inflation is at 82,766% and there are warnings it could exceed one million per cent by the end of this year. Venezuelans are trying to get out. The UN says 2.3 million people have fled the country - 7% of the population.

Thursday, May 3, 2012

Hollywood's Most Wanted: Megaupload's Predecessors

This article first appeared in the May 11 issue of The Hollywood Reporter.
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Speaking at November 2011's American Film Market, the White House's intellectual property czar, Victoria Espinel -- officially the U.S. Intellectual Property Enforcement coordinator for the Office of Management and Budget -- repeated the oft-cited statistic that intellectual property theft costs the U.S. about $58 billion per year. Given the scale of the problem, one might expect the movie business to have rock-solid numbers on what piracy costs them. But the closer one looks, the more dubious the figures seem.
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"Obviously, the movie industry's number is going to be somewhat suspect," says David Abrams, a fellow with the Berkman Center for Internet and Society at Harvard University. "Even if a person downloaded a movie, it's very hard to translate that into, 'And they would have paid $10.50 to see it.' "
It turns out that Espinel's $58 billion figure covers IP theft as a whole -- a far cry from just film and television. It also comes from a source that would astonish Hollywood liberals.
The figure originated in a 2007 report, "The True Cost of Copyright Industry Piracy to the U.S. Economy," written by economist Stephen Siwek for the Institute for Policy Innovation. Just what is the Institute for Policy Innovation? Answer: A right-wing think tank founded by Dick Armey, the former Republican congressman and nemesis of liberals.
The MPAA's credibility on piracy costs was hurt by a separate 2007 report it commissioned that later proved riddled with holes. Among other things, it blamed U.S. college students for 44 percent of the studios' losses due to piracy. Shortly thereafter, the organization that represents the major studios was forced to acknowledge "human error" in its accounting, admitting students were responsible for only
15 percent of domestic losses.
Despite errors like these, the report (prepared by international consulting firm LEK), derived from statistics obtained in 2005, still is cited by the MPAA when it claims the studios lose $6.1 billion or more annually to worldwide piracy. There has been no new report.
As to when one will be conducted, Chris Dodd, the former U.S. Senator named chair-man and CEO of the MPAA in March 2011, told THR last year: "We are planning that report; it's internal at this juncture. It shouldn't be too long."
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Tuesday, May 1, 2012

U.S. hammers Canada, other countries over copyright protections...

Canada may be the United States' largest trading partner, but it remains on a "priority watch list" of countries with the worst records for protecting copyrighted material.

In its 2012 annual report on trade barriers and content theft, U.S. Trade Representative Ron Kirk's office put Canada on a list of 13 countries -- including India, China, Pakistan and Russia -- that were singled out as the worst offenders.

The office said it was waiting to see if Canada would enact "long-awaited copyright legislation" and suggested that the country needs to take more steps to tighten border security by "providing customs officials with ex-officio authority to take action against the importation, exportation, and trans-shipment of pirated or counterfeit goods."

Under the category of "positive developments," Kirk's office removed Malaysia and Spain from the watch list, citing improvements to strengthen copyright protections in those countries.

Christopher Dodd, chairman and chief executive of the Motion Picture Assn. of America, commended the trade representative's office for its report, which he said "highlights content theft and barriers in foreign markets that pose threats to the continued growth of U.S. creative industries and the U.S. economy. Strong copyright protection and enforcement are vital to our industry's ability to create U.S. jobs, grow our own economy, and expand U.S. exports."
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How Hollywood Convinced California's Senate to Pass a Bill Increasing Piracy Dam

An obscure case last year challenged the value of damages from piracy. Now, California law on calculating restitution could be on the verge of changing what pirates owe.

Statistics about the economic damage from piracy tend to be controversial because of a dispute about methodology. When calculating the loss to an entertainment company from someone who pirates a song or movie, do you assume the pirate would have purchased that song or movie at full wholesale price? The difference between "Yes" and "No" amounts to billions of dollars in estimated damages for Hollywood each year.
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The problem is not merely academic. Those who are arrested for piracy, and then convicted, often have to pay restitution. If a jury orders them to pay actual damages as restitution for harm, what do they pay? The question led to a decision last year by a California appellate court that the industry hated, and now a possible change in state law.
On Thursday, somewhat underneath the radar, the California Senate passed SB-1479 by a 36-0 margin with four state senators not voting. The bill would amend state law pertaining to how victims of crime who incur economic loss as a result of a crime receive restitution from a defendant.
Among the changes is that now, when someone is convicted of a crime involving the infringement of a "phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived," restitution will be calculated "based on the aggregate wholesale value." This includes unreleased works, and according to the bill, "Proof of the specific wholesale value of each nonconforming device or article is not required."
In March, the RIAA provided some support for the changes, and specifically pointed to the case, People v. Garcia, decided last year by a California appellate circuit which it said had "dramatically changed the landscape."
In the case, Hector Garcia and Martin Avila were arrested and convicted for intending to sell thousands of pirated DVDs and counterfeit music CDs.
At the trial, the RIAA provided a wholesale value for approximately 4,000 seized CDs of $7.15 each. The MPAA testified that that more than 10,000 confiscated DVDs were worth an average wholesale value of $11.10 each.
As a result, the defendants were ordered to pay more than $61,000 to the RIAA and nearly $174,000 to the MPAA for a total just north of $235,000.
But last April, those restitution fines were knocked out by California appeals judge Roger Boren, who ordered the total award be trimmed to $87,113. According to the decision, "assigning the aggregate wholesale value as the loss where there is none violates the intent of the victim restitution statute."
The appellate judge took a look at the statutory language, debate, and interpretation over how to award restitution for "potential losses." The appellate court completely rejected the industry's theories on how to calculate this.
The judge notes that in passing the original law, the RIAA submitted a "victim-impact statement" that estimated that it was losing $5.33 billion per year. But the judge also notes a comment made by lawmakers in drafting the legislation at committee:
"Industry representatives have argued that a music or audio-visual pirates' unsold inventory of illegally produced or copied works represents a lost wholesale sale. This appears to ignore that a pirate would never obtain pirated works from a legitimate wholesaler. Only legitimate retail sales were preceded by a legitimate wholesale sale. Any illicit work sold at the retail or street level never went through the legitimate wholesale market."
The judge took this as evidence that "clearly shows that the RIAA's rationale was rejected" during the drafting of the legislation.
After the decision, the entertainment trade associations appear to have gone back to lawmakers to get the state to accept their calculations on damage from piracy and to overturn the precedent from last year's appellate decision. The bill has now passed the Senate and is closer to becoming law.
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Animation contract talks break down

Animation contract talks break down
Contract for Animation Guild, AMPTP expires July 31
By DAVE MCNARY
The initial round of contract talks between Hollywood union animators and producers have broken down after three days, three months before the current deal expires on July 31.
The Animation Guild, which reps about 2,000 animators through Local 839 of the Intl. Alliance of Theatrical Stage Employees, did not disclose when the negotiations for a new three-year deal will resume.

A spokesman for the Alliance of Motion Picture and Television Producers had no comment, noting that the talks have been taking place under a news blackout. Steven Hulett, business representative for the local, disclosed the breakdown of talks in a blog posting, saying, "This morning we broke off the negotiations, as we are far apart with the producers and there didn't appear to be any simple way to bridge the yawning chasm."

IATSE and the AMPTP agreed last week to a new three-year master contract that will, if ratified, cover more than 20,000 members of 15 other West Coast locals.

IATSE president Matthew Loeb asserted that the new West Coast deal resolves the problem of an anticipated funding shortfall of over $400 million in the union's pension and health plans via a $1 per hour increase to the health plan contribution by employers, up 20% over the current rate of $5 per hour. In exchange, IATSE agreed to the first-ever premiums for health plan coverage -- $25 per month for participants with one dependent and $50 for those with two or more dependents.

Local 839 is also in the midst of an organizing campaign at Sony Pictures Imageworks and will hold a meeting Friday at the Culver Hotel.

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